civus
Hearing video

ZBA Hearing - March 29, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Mar 29, 20233h 52m

I did not see that.

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Hillary, I don't see that.

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Mr. Savage, what was the address again?

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Pichon Street.

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4112 Pichon.

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We'll check on that.

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That wasn't on the list to be withdrawn today, but we will check on that and we can reach back out to you via email.

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Okay.

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Thank you very much.

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Thank you.

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Thank you, sir.

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So we're going to head to our add-on list.

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Number one, MI-2022-005-751-7631 Algon Street.

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Hold on one minute.

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I vote yes proviso per amended refusal dated 3-22-23.

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Thomas Holloman, my vote is yes, with proviso.

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James Snell, my vote is yes, with proviso.

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Ishmael Shaheed, my vote is yes, with proviso.

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Thank you.

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Number two, MI 2022-001087-103 Widener Street, my vote is yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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And number three, MI 2021-005-076-5217 Morris Street, my vote is yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shahid, my vote is yes.

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Mr. Carlos, if you're in the virtual audience, please raise your hand.

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Chair, I see no hands at this time.

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We see an interpreter's hands?

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No, nobody's hand. Just a moment, Chair. Somebody just put their hand up on Carla Jacobson.

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Okay.

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Ms. Jacobson, please unmute yourself and wait for the chair.

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Yes, I'm here, ma'am.

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This is the interpreter speaking.

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Could you state your name, please?

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Carla Jacobson, ID number M, as in Mike, U, uniform 465.

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Okay.

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Could you do me a favor?

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Could you spell your name for the court reporter, please?

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Absolutely.

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K, as in Kilo, A Alpha, R Robert, L Lima, A Alpha, Jacobson, J-A-C-O-B-S-O-N.

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Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes, sir.

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I'm trying to locate the owner in the audience.

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Could you please see if Juan Carlos Bernal is in the audience?

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Si, esta el señor presente, el señor Juan Carlos Bernal.

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No hands have come up as yet, Chair.

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Okay. We're going to continue this case. MI-2021-004-660-1233 East Luzerne Street, the case has been continued. Interpreter, thank you very much. We appreciate you getting on.

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Okay.

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We're going to continue this case.

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You

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Okay, thank you, sir.

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Interpreter, may you just interpret that that case is continued, please, before you go.

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Señor Juan Carlos Bernal, su caso está continuado.

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thank you so much you're welcome thank you for using our services

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we're going to move to our regular list number one and number eight will be heard together

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MI 2022 003 590 1411 North Bouvier Street

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Vern Anastasio is the attorney. Letter of support from the United Neighbors Civic Association.

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And number eight is MI 2022-003-586-1409 North Bouvier Street.

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And there's also a letter of support for that project.

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Mr. Anastasio, could you please state your name? It's spelled for the court report.

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Good afternoon, Mr. Chair. Yeah, it's Vern, V-E-R-N. Last name is Anastasio, A-N-A-S-T-A-S-I-O. 2016 Spruce, Philadelphia, 19103. And I represent Mr. Zudad A-H-E, principal of the LLC that owns the company.

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Do you swear or affirm, tell the truth, the whole truth and nothing but the truth?

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I do.

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Our vice chair has just a few questions.

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question. Good afternoon,

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counsel. Do you agree? Do you agree

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to wait a reading of the refusal and stipulate

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to its accuracy? I do.

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Have you emailed all the required

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documents and exhibits into our offices

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to proceed with this case five

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days in advance of this hearing?

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I have. Thank you.

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Please proceed and share your screen.

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Thank you.

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Mr. Chair, 1409 and 1411 are identical proposals, so they both were, in fact, the applications

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each for four family dwellings. There are two empty lots. We got a refusal because the

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multi-family household living is prohibited, and we had an open-air requirement of 25 percent.

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We came just under that at 23.3%.

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During the course of dealing with the RCO on a couple occasions, we reduced that number to three units per building.

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and made some other material changes that have been submitted to the board on the proviso form

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sheet that I forwarded to attorney Emerson earlier this afternoon. As you can see, here's a great view

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of the three units. You'll see a bi-level one unit. You'll see a second unit and then the third

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unit here's the two vacant lots on the block there are several multi-family homes three and

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four family dwellings we do have lots of space in the rear because it's new construction we're able

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to put ample numbers of trash cans in both yards with access from the rear alley for each and every

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one of the of the tenants. Here is the revised plan. The first unit, we have a home office,

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which as you know, is becoming more and more something that people need these days. And then

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we have a one basement bedroom. And then we have two additional bedrooms with a large living dining

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and in kitchen area on the second floor unit

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is an 864 square foot two bedroom.

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And the third unit is another 889 square foot,

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large units, two bedroom unit as well.

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Contrary to the initial plans,

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there is no public access to the roof,

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which was another condition precedent

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to getting the RCO support for the project.

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um as you can see a large hole in the middle of the block which is and here's proof of posting

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which is, and here's proof of posting. It's been quartering off with our gates.

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There's proof of mailing to the community. 121 individual households were mailed.

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We have a letter from the UNACA in full support of both, given the provisions of the trash plan,

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the reduction in number of units, the complete elimination of the roof deck.

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This was the vote, 18 to 1. We also added the exterior lighting and video surveillance.

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Again, condition precedent. These are vacant lots to build single family homes on this block

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and suggest that we'll be able to market them and sell them to anyone who lives in that neighborhood

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at a price point that they could absorb is just a fallacy,

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which is why the community worked with us in building three, six total over two properties,

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quality, new construction, housing units, the smallest of which is just under 900 square feet,

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which will be approachable in price point, but still ample in size to support families with

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two and three bedroom units. And with that, I'd like to ask my client, Zaudahi, to raise his hand.

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so before you do that could could you give me an idea what the block looks like

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i heard you mentioned three and four but do you have a sense of what it looks like relative to

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multifamily yeah uh there are several multifamilies uh there's one right next door to it uh there are

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on our side of the block uh most of the properties i don't know if they all have variances but most

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of the properties are in fact two, three, and four family dwellings. There are some single

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families interspersed, but they are the exception and not the rule. Thank you. Yep. Mr. He? Mr. He,

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please unmute yourself and wait for the chair. Hi, Chair. Could you state your name, please,

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and spell it for the court reporter, please? Hi, this is Zora He, Z for zebra, U for umbrella,

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O for Oscar, D for David, A for Apple.

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That's my first name.

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Last name is H-E-H for Henry, E for Amity.

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You swear a firm to tell the truth, the whole truth and nothing but the truth?

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Yes, I do.

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Proceed, counsel.

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Thank you.

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Mr. He, did you hear my presentation to the board today for both 1409 and 1411 North Bouvier Street?

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Yes, I did.

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Is it true and accurate to the best of your knowledge?

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Yes, it is.

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Do you adopt it as your own testimony?

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Yes, I do.

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Have you explored the feasibility of marketing, building, and then selling single-family homes on this lot and deemed it to be impracticable given the existing conditions?

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I have.

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Okay.

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And did you work tirelessly with the RCO and immediate neighbors to, in fact, reduce the number of units, eliminate the roof deck, and put in a comprehensive trash and security plan for the project?

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Yes, I did.

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Thank you very much.

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I have nothing further, Mr.

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Thank you.

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Questions from the board.

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From the board.

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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I see no hands at this time, Chair.

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Planning Commission?

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This is Ronald Bednar with the City Planning Commission.

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First name Ron, R-O-N, last name Bednar, B-E-D-N-A-R.

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Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Proceed.

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This testimony is for both 1409 and 1411 Bouvier streets.

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These properties are indicated for residential use on the city plan.

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Given the physical circumstances of these sites, the documented uses surrounding, we recommend that the requested variance at two properties, 1409 and 1411,

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be granted with maximum of three units only. Thank you. Okay, I'm going to do one at a time.

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MI 2022-003-590-1411 North Bouvier Street. I vote yes with provisors. Maximum three units,

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revised plan, one page, stamped by ZBA March 29, 2023, no rooftop deck or roof access,

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or roof access, trash stored, and rear yard. Thomas Holliman, my vote is yes with provisos.

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trash stored and rear yard.

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James Snell, my vote is yes with provisos.

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Ishmael Shaheed, my vote is yes with provisos.

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Thank you. Number eight, MI 2022-003-586-1409 North Bovier Street. I vote yes with provisos.

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Maximum three units, revised plan, one page, stamped by ZBA March 29, 2023. No roof deck

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or roof access, trash door and rear yard. Thomas Holloman, my vote is yes with provisos.

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James Snell, my vote is yes, with provisos.

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Ishmael Shaheed, my vote is yes, with provisos.

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Thank you, counsel.

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Thank you.

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Number four, MI 2023-000733, 1904 to 40 Samson Street.

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Augusta O'Neill is the attorney.

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letter of non-opposition from the center city residents association chair miss o'neill is

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coming back in as a panelist now okay good afternoon i counsel could you state your name

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please and spell for the court reporter sure my name is augusta o'neill that's spelled a-u-g-u-s-t-a

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My last name is spelled O-N-E-I-L-L.

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Right.

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Do you swear for him to tell the truth, the whole truth, nothing but the truth?

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I do.

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Could you identify your client and relationship to the property, please?

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My client is 1911 Walnut LLC.

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They are the owner of the property.

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Okay.

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Our vice chair has just a few questions for you.

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Sure.

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Good afternoon, counsel.

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Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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It's actually a referral, and yes, I do stipulate to its accuracy.

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all right no problem uh have you emailed all the required documents in five days in advance

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of this hearing i did thank you please proceed and share your screen thank you so much

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is everyone able to see my screen yes okay perfect thank you so much uh members of the board as

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stated my name is augusta o'neill i'm an attorney with the law firm of claire harrison harvey

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Brandsburg. I'm here this afternoon representing the owner of the property at 1904 to 40 Sansom

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Street. I'm here on behalf of my colleague Hercules Grigos, who was the applicant but

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could be here this afternoon. This application is a proposal to put a sit-down restaurant

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in at the property located at 1904 to 40 Sansom Street. For anyone who's not familiar with this

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property, this property is part of the Laurel building. So even though there's two different

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addresses, these properties have a unity of use. And this Laurel, the Laurel building, um, has air

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rights over 1917 Walnut Street. It's also got a bridge over Moravian Street, as you can see on my

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screen. Um, and so these two buildings, like I said, are connected through a unity of use. And

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